St. Louis Criminal Defense Lawyer Blog

Your Complete Guide Missouri Kidnapping Charges

combschris1 · April 5, 2020 ·

Introduction

Kidnapping is a serious offense, but it’s not as simply defined as taking a child off the street. You can be charged for kidnapping an adult or even for taking a child of your own, in the right circumstances, so it’s important you know exactly what constitutes kidnapping and what kind of sentencing each charge comes with.

Read on to find out everything you need to know about kidnapping charges in Missouri.

What Constitutes Kidnapping in Missouri?

Kidnapping is defined as the movement or confinement of another person, child or adult, against their will.

What are the Different Degrees of Kidnapping?

There are three different degrees of kidnapping:

Third Degree Kidnapping: knowingly restraining another person unlawfully without their consent.
Second Degree Kidnapping: knowingly restraining another person unlawfully without their consent and exposes them to a significant risk of serious physical injury.
First Degree Kidnapping: unlawful removal of any person without their consent, or unlawfully confines them without their consent for a prolonged period of time, for the purpose of:
- eliciting ransom or reward
- using them as a shield or hostage
- interfering with political or a governmental function
- facilitating the commission of a felony or flight
- inflicting physical injury or terrorizing them

Is Kidnapping Always a Felony?

Kidnapping charges are, in most cases, a felony charge. The breakdown is as follows:

First Degree Kidnapping is a class A felony which is has a maximum penalty of life imprisonment (and cannot be less than a term of 10 years) unless it was done to facilitate another felony or flight, or with the intent to inflict physical injury, which is a class B felony, though will come with additional charges in most cases.

Second Degree Kidnapping is a class D felony, which carries a maximum punishment of 7 years in prison.

Third Degree Kidnapping is a class A misdemeanor, unless the person kidnapped is taken across state lines, which is a class E felony.

How Can It Be Kidnapping When They’re My Child?

Kidnapping your own child is possible, and it’s called “Parental Kidnapping”. If you do not have the legal right to have custody of your child, or exceed your custody rights (such as not returning them to their legal guardian after your visit), it is considered Parental Kidnapping.

Parental kidnapping can happen when a parent without custody of their child takes, removes, conceals, or detains their child – without good cause – without permission of the state, with the intention of depriving another guardian or public agency who should have custody of that child. In Missouri, a child is defined as anyone under 17 years old.

Parental kidnapping is a class E felony, which carries a maximum punishment of 4 years in prison.

If the kidnapping continues beyond 60 days, but does not exceed 119 days, it is a class D felony, which carries a maximum punishment of 7 years in prison.

And, if the kidnapping continues above 120 days, it is a class B felony, which carries a maximum punishment of 15 years in prison, with a term of no less than 5 years.

What if I Technically Kidnapped My Child But Then Received a Court Order for Custody?

Any kidnapping charge will not take into account any granted custody after the fact – the law was broken and it is up to the judge and courts to decide how you’ll be penalized. However, working with an experienced criminal lawyer will be able to help your circumstances work in your favor.

What Should I Do If I Believe I’ll Be Charged with Kidnapping?

Kidnapping is a serious charge and puts you at risk of losing your freedom for a significant term. If you believe you are going to be charged for kidnapping you need to speak to a criminal defense lawyer as soon as possible to fight your charges vehemently.

That’s exactly what we do, Combs Law Group [link: combslawstl.com] fights aggressively to ensure your charges are minimized. Contact us today for a free case evaluation so we can start working on your case as soon as possible.

Personal Injury Claim: How Are Personal Injury Lawyer Legal Fees Charged?

combschris1 · March 15, 2020 ·

If you’ve seen personal injury lawyers offering their services for free, you’ve likely wondered where in the process they get paid and how, but it isn’t until you or a loved one is injured in an accident that the question becomes of vital importance.

When you or a loved one is injured in an accident that wasn’t your fault, you deserve to be monetarily compensated for damage to your physical, mental, and financial wellbeing. The best way to make a personal injury claim is with the help of an experienced personal injury lawyer who will be able to get you the most money for your claim. Read on below to learn everything you need to know about the legal fees personal injury attorneys charge for a personal injury claim.

How Are Personal Injury Lawyers Able to Offer Their Services for “Free”?

As you likely already know, hiring a personal injury lawyer isn’t actually free – they are offered on a “contingency” fee basis. This means they are only awarded their fee if you (the victim) wins, and they take their fee from the money you are awarded as the result of your claim.

About Contingency Fees

Contingency fees are calculated by taking a percentage of the total amount you are awarded. This percentage is typically between 33 and 40 percent, so if you were awarded $30,000, your personal injury lawyer’s fees would be at least $10,000.

Alternatively, your personal injury lawyer may charge their fees on a sliding scale. This means they will prepare a proposed fee agreement so their final fee will vary depending on how soon the case is resolved.

Contingency Fee FAQ

Can I negotiate for a lower percentage?

You can try to negotiate a smaller percentage, but most personal injury lawyers receive one third (33%) of the final settlement.

Can I negotiate to pay in a different way?

You may be able to, but you’ll need to discuss these options with any personal injury lawyer to see if they are open to this in your case.

What The Fee Process Looks Like at Each Stage of Your Case

Stage 1: ASAP After Your Accident

Contact prospective personal injury lawyers close to your accident as possible to get their advice on anything they want you to do and so you can have someone on your side going forward.

At this stage, your prospective or chosen lawyer will look at the details of your case and decide on the fee structure they believe will be best for your case; either a flat contingency fee or a sliding scale fee. You may decide to negotiate here.

Stage 1 FAQ

Do I have to accept a lawyer’s fees?

No, if you think a lawyer’s fees are too high then you can choose to shop around, but you should be aware that the industry average is 30-40%.

Who pays for costs and expenses?

You will, but not until the case is over. These expenses will be deducted from your share of the final settlement. Until then your lawyer will cover the costs and expenses to do what it takes to win your case.

What costs and expenses may I have to pay?

These expenses are the cost of sourcing medical records and police reports, covering expert eye-witness fees, postage and filing, trial exhibits, and other things that are necessary to win your case.

Is there anything to pay at this stage?

No, there should not be anything to pay at this stage.

Stage 2: The Demand Letter

Once you agree to move ahead with a lawyer and agree to their fee structure, they will send a demand letter to the person or body responsible for your accident. In most cases, this will be a business or the insurance company of an individual.

The “other side” of your claim may make a counteroffer there and then, at which point you and your lawyer can negotiate and come to a fair settlement before your case needs to go to court. If this is the case, your lawyer’s fee may be lower than 33% if the case was resolved quickly or be exactly the expected 33%.

Stage 2 FAQ

What costs and fees may I have to pay at this stage?

None, if your case is not settled at this stage.

If you are lucky enough to settle at this stage, your lawyer’s fee and costs will be deducted from your final settlement fee. If you do settle at this stage your costs incurred will be significantly less than if your case goes all the way to trial, so you should keep that in mind if you are offered a settlement at this stage.

Can I reject a settlement offer if I don’t want to accept it?

Yes, you can. Your personal injury lawyer will advise you on what they believe, with their experience, would be the best thing to do.

Can we negotiate a better settlement at this stage?

Yes, in fact only 11% of people accept the first claim.

Stage 3: Filing a Lawsuit

If the other side rejects your claim then your lawyer will move forward and file a personal injury lawsuit.

If you aren’t awarded your settlement until after you file a lawsuit, but is negotiated out of court, your lawyer’s fees may be at or closer to 40% because they will have had to put a lot more time and effort into your case.

Stage 3 FAQ

Will I receive a better payout if my claim gets to this stage?

It is likely you will receive a better payout, yes. The other side in your claim will want to do all possible to keep your claim from progressing to stage 4 (going to court), as once your claim goes to court it is no longer in their control. If they lose they won’t have room to negotiate with you.

In general, payouts are twice as high once a lawsuit is filed as claims in similar situations who settled before this stage.

Will my lawyer’s fees increase if they get to this stage?

Yes, it’s likely they will, unless you agreed to a flat contingency fee at the start of your case.

Will the costs and expenses increase if my case gets to this stage?

Yes, they will. Filing a lawsuit incurs various charges depending on where it is filed, and your lawyer may need to gather extra information in preparation for future negotiations or for your claim going to trial.

Stage 4: If Your Case Goes to Trial

If your case goes to trial your lawyer’s percentage may rise slightly higher than 40%, depending on what fee you agreed on when you chose to work with your personal injury lawyer.

Stage 4 FAQs

What total percentage should I expect my personal injury lawyer to take at this stage?

If your case goes all the way to trial you should expect the fees and costs incurred by your lawyer to win your cast to be 45 – 60% of the final settlement fee.

An Example Settlement at Each Stage

Let’s look at an example personal injury claim at each stage to see what costs and fees you may be able to expect.

Say you are involved in an accident on the road which causes you to spend a week in the hospital and take six weeks off of work. You start stage 1 and find a personal injury lawyer you want to work with. They draw up a sliding scale fee structure that, for simplicities sake (real proposed fee structures are likely to be more complex), looks like this:

Settled pre-lawsuit: 35%
Settled post-lawsuit: 40%
Settled at trial: 50%

If your case is settled at stage 2 with $40,000, your lawyer will have a fee of $14,000. At this stage your costs incurred were likely minimal, so you may have an additional 5% in costs and expenses ($2,000). This leaves you with $24,000.

If your case isn’t settled until stage three, after you file the lawsuit, for $40,000, your lawyer’s fees will be $16,000. If your costs and expenses increased to 7.5% ($3,000), your remaining settlement would be slightly less at $21,000, though your settlement amount may have increased. As you may have read in the FAQ section for this stage, payouts can double once a lawsuit has been filed, so this estimate is purely for illustrative purposes. If this was the case for this scenario, the settlement would be $80,000, and the total fees and costs would be $32,000 and $6,000 respectively, leaving you $42,000.

If your case goes to trial there is no longer room for negotiation and it will be out of the other side’s hands, as well as yours. Personal injury claims are unlikely to go to trial for this reason and can be expensive for all involved. If your case goes to trial but you still receive the same settlement ($40,000), your lawyer’s fees would cost $20,000 and expenses at 10% ($4,000) would leave you with $16,000. However payouts often increase dramatically at this stage, so you would hope to achieve much better than this.

Frequently Asked Questions About Fees from Start to Finish

How do I receive my settlement?

In most cases, your settlement will be sent to your lawyer to ensure they can take their fee and cover all costs incurred by the case. This is to prevent people from refusing to pay lawyers for their work. Your lawyer will contact you when they receive the settlement to talk you through what deductions have been made and why.

Can I dispute the deductions?

If you feel there has been a deduction made unjustly, you may dispute them. If this is the case your lawyer may place the disputed amount in a protected account until you come to an agreement on how to move forward.

What happens if I fire my lawyer before a settlement is reached?

If you have reason to fire your lawyer before the case is over and switch to a new lawyer or decide to represent yourself, you will have to pay their fees and expenses incurred thus far or else they may choose to sue you. If you must separate from your current lawyer talk to them, come to an arrangement, and get them to say in writing that they will not pursue further fees and expenses on the case.

It’s best to do your research well before you agree to work with a lawyer than get into this position.

How long does a personal injury claim take to resolve?

Most cases will take almost a year to resolve, while others take just a few months. While this can be unfortunate timing for those who are in some difficulty after their accident, your lawyer will do all they can to speed up the process without showing the other side that you wish to settle soon.

Why does the claim take so long?

Claims that take longer to resolve often mean you are more likely to have a successful case with a higher payout. You also don’t want to let the other side know you are looking for a speedy payout as they may use this to their advantage and offer you less money in your settlement.

If my claim goes to court will I get a bigger settlement?

Probably, but it’s not guaranteed.

How many claims receive a payout on average?

On average, 7 out of 10 claims represented by a lawyer receive a payout.

What is a typical payout amount for a personal injury case?

The amount you will receive varies wildly depending on where the accident took place, the circumstances around it, and on the injuries and damages you sustained. Most payouts range from $3,000 – $75,000, while others receive more. Ask your personal injury lawyer for more information on what they believe is achievable.

Are You Looking for a Personal Injury Lawyer?

If you have been the victim in an accident that wasn’t your fault, you need the support of a great personal injury lawyer to help you in this difficult time and get you the best settlement possible to help ease the burden of your injuries, physically, mentally, and other damages that have been caused in your life.

The Combs Law Group is here for you, we offer free legal consultations to help you decide what your next move should be. If you’re looking for expert one-on-one advice click here to arrange your free consultation today. [link] We look forward to helping you take the first step forward toward the future.

Plea Deals: When and Why They Make Sense to Take

combschris1 · March 7, 2020 ·

Introduction:

When we imagine a criminal case, we think about a courtroom appearance and either a jury or judge reading the final verdict, but did you know that more than 90% of state and federal criminal convictions are the result of a guilty plea?

In any case in which a criminal defense lawyer does not believe it is possible to get the charges dismissed completely, or if getting the charges dismissed is impossible (such as strong evidence against the defendant) a plea deal will likely be discussed.

This discussion can be opened by either the prosecution or the defense and is a way to reach a resolution to the case faster, as well as giving the defendant a chance to have an element of “control” over the outcome of their criminal case.

What are the 3 Types of Plea Bargains?

There are 3 types of plea bargains, but only two are used commonly. These are:

Fact Bargaining: this is the least common type of plea bargain. This is where the defense agrees to specific facts about the case in exchange for the prosecution leaving other facts out at the trial. This plea bargain does not avoid going to trial, so it is still based on guessing how the judge or jury will react to the information presented to them.
Charge Bargaining: this is a common type of plea bargain where the defense agrees to a guilty verdict but by doing so has their charge reduced, and so receives a lesser punishment.
Sentence Bargaining: this is similar to charge bargaining, but instead of having the charge reduced it involves pleading guilty in return for a reduced sentence.

Why are So Many Cases Plea Bargained?

The main reason why so many cases are settled via a plea bargain is because it saves time and money on going to trial. A criminal trial can take months, or even years, if the case is complex enough. For all that time there are legal fees to pay, both the accused, the victim(s), and their families have to live in a state of limbo, and that may mean the alleged offender is sitting in a jail cell.

Besides the reasons why it’s (often) to everyone’s benefit to have a speedy case, another reason to negotiate a plea deal is just that – you can negotiate. This gives both sides an opportunity to control the outcome and come to an agreement both sides are satisfied with. When a case goes to trial everything is unknown, so a plea deal has the benefit of knowing exactly what you’re agreeing to and what the outcome will be.

Are Plea Bargains Fair? Should Victims Have a Say?

Whether or not a plea bargain is fair to all involved is down to the individual case. It can be argued that a plea deal that is pressed upon someone who was truly innocent of a crime, or one that reduces charges so significantly that the victims and their hardships due to the crime aren’t respected, then no, they’re not.

However, more victim advocacy groups are starting to be involved in the plea bargain process, so they may be more “fair” toward victims and their families in the future. For now, there will be cases where the plea bargain is “fair”, and cases where they “aren’t fair”.

What’s the Downside of a Plea Bargain?

Some of the downsides to plea bargaining is:

Both sides lose their right to a trial by jury
It will create a criminal record
A judge can void the agreement and impose a different sentence (or no sentence at all)
There is no chance of an appeal
The outcome can be seen as unfair

Why Would a Prosecutor Offer a Plea Bargain?

Volume of Cases

One of the primary reasons why prosecutors offer plea bargains is because both they and the judge have very little time and a lot of cases to try. Judges will often put pressure on prosecutors to move the cases through more quickly, and so prosecutors look to plea bargains as a way to remove cases from the calendar that can reach a solution without going to trial.

Assures a Conviction

Perhaps the most common reason why a prosecutor would offer a plea bargain is to assure a conviction. All plea bargains should – in almost all cases – end in a conviction. While that conviction may be a lesser one that may be served if the case went to trial, it is a conviction nonetheless, and there is always the risk of an innocent or not guilty verdict if a conviction is not agreed to in a plea bargain.

Protect Informants and Victims

If the arrest was the result of an informant, they will try to reach a plea deal so no informant or witness has to testify at a trial, or reveal that informant’s criminal history at trial. If an informant has a criminal history they may be impeached at the trial, and the prosecution wants to avoid that so that informant can continue to help them stop criminal activity.

Going to trial can be particularly stressful for victims and witnesses, so a plea deal will allow the prosecution from putting additional stress and pressure on victims. While, in many cases, victims want to see the perpetrator get the maximum punishment for their crime, some prefer to balance a desire to move on with the knowledge that the perpetrator will be found guilty.

Should I Take a Plea Bargain?

Whether or not you should take a plea bargain depends on your case and the advice you receive from your defense council. This is why it’s important to have a criminal defense lawyer who will fight for your freedom, and not simply use a defender who has been assigned to you by the state. While public defenders will endeavor to do their best, they are often overworked and have the same interests as the prosecution and judges in wanting to settle cases as fast as possible.

In order to have a truly unbiased defense, you need to hire a criminal defense lawyer who will advise you and negotiate the very best circumstances for you, not just the circumstances that will get the case off their plate as soon as possible.

If you’ve recently been charged with a crime in the St. Louis Metro area, we’re here to help. Simply click here to contact us for your free consultation and we’ll get back to you as soon as possible to discuss your case.

Got Your 2nd, 3rd, or 4th DWI in Missouri? Here’s Why You Have a Big Problem

combschris1 · February 27, 2020 ·

Introduction To Multiple DWI’s

In the 80s you could jump in your vehicle after a few beers at the bar and drive home – if you were unlucky enough to get pulled over it would be up to the officer’s discretion to figure out if you were drunk or not. Nowadays, however, they can pull out a breathalyzer and test just how much alcohol is in your system.

If you’re over the limit – regardless of whether or not you feel drunk – you’re getting a DWI (also called a DUI), which is a serious charge even if it’s your first. If it’s your second, third, or fourth DWI charge, you’re in some serious trouble.

But what kind of punishment should you be expecting, and is there anything you can do about it? Read on to get all the answers to your questions and find out exactly what steps to take next.

Below You’ll Find the Answers to…

What happens when you get your first DWI in Missouri?
What happens when you get your second DWI in Missouri?
Is a second DWI a felony?
How many DWIs does it take to be a felony?
What happens if you get 3 DWIs in Missouri?
What happens if you get 4 DWIs in Missouri?
Is there a statute of limitations for a DWI?
What can/should I do if I’m getting my 2^nd, 3^rd, or 4^th DWI?

What Happens When You Get Your First DWI in Missouri?

When you’re pulled over and found to be over the legal limit, or refuse to volunteer for testing, you’ll be charged with a DWI (Driving While Intoxicated). The officer will seize your license and issue a temporary permit. When this permit expires your license is typically suspended for 30 days, followed by 60 days on a “restricted license”, though in some cases you can get an ignition interlock device instead of the suspension.

There are two parts to your penalty; criminal penalties and administrative penalties. Generally, a first offense DWI is a class B misdemeanor, though if there are additional circumstances this may change. A first offense DWI has a maximum jail sentence of 6 months, though the judge may choose to suspend this sentence, but drivers with a blood alcohol content (BAC) of 0.15% or more must spend at least 48 hours in jail, and those with a BAC of 0.2% or more must spend at least 5 days in jail.

Your probation may include continuous alcohol monitoring, often through an ankle bracelet, or random testing. If you fail to meet the requirements of your probation you are likely to receive additional jail time.

For your “administrative” penalty, you’ll face a fine of up to $500, and maybe forced to pay for additional fees and court costs that were incurred by your case.

Regardless of your individual penalties, you will have to complete a substance abuse program for traffic offenders before receiving your full driving rights back.

What Happens When You Get Your Second DWI in Missouri?

This depends on when your first DWI was. If your first DWI conviction was more than 5 years ago, you will once again be charged with a first DWI and receive those same charges and penalties, though your license will likely be revoked for 1 year, instead of 30 days. In most cases, a second DWI charge is a class A misdemeanor.

If it was your second DWI in 5 years, however, your punishment becomes more severe.

You’ll be sentenced to up to one year in jail, you’ll receive a fine of up to $1,000, and in most cases, you’ll have your license revoked for 1 – 5 years. You’ll likely have an ignition interlock device installed in your vehicle after this time, which prevents a car from starting unless your BAC is below the legal limit.

Is a Second DWI a Felony?

In normal circumstances (you weren’t driving dangerously or in a car accident) you will be charged with a class A misdemeanor, not a felony.

How Many DWIs Does it Take to Be a Felony?

In most cases, it takes 3 DWIs to become a felony charge, and it will be a “persistent offender” offense, otherwise known as a class D felony. Felonies are a permanent mark on your record.

What Happens if You Get 3 DWIs in Missouri?

If you are charged with your third DWI in your lifetime, you’ll face up to 4 years in jail, community service, a fine of up to $5,000, your license will be revoked for 10 years, and you’ll have the ignition interlock device we talked about in the “second DWI” section installed when your license is returned. Your DWI will be class D felony, which means it will stay on your record permanently.

What Happens if you Get 4 DWIs in Missouri?

If you are charged with your fourth DWI in your lifetime, your license will be revoked for at least another 10 years. A fourth offense is classed as an “aggravated offender” and a class C felony. A fourth DWI offense may result in a prison sentence of up to 7 years, and a fine of up to $5,000.

Is There a Statute of Limitations for DWI?

Yes, the statute of limitation for the filing of a charge is one year (Missouri law section 556.036) for a misdemeanor, and three years for a felony.

What Can/Should I Do if I Get My 2^nd/3^rd/4^th DWI?

Regardless of whether this is your first or fourth DWI, you need to find an experienced DWI lawyer to fight to get your charges minimized. Often, a DWI charge in Missouri takes months to resolve, and in that time your life has to be put on hold and you won’t know how long your license will be revoked for.

Your license equals your freedom, and it is often the difference between you getting to work or making your living and being unable to do so. That’s why it’s so important to find a Missouri DWI attorney to work on your case and help you get the very best outcome. If you’re in the St. Louis metro area, we’re here to help.

We have achieved positive outcomes for numerous DWI/DUI cases and we’re ready to aggressively fight your charges. To find out more and arrange a free consultation click St. Louis DWI Lawyer.

Arrested for a Drug-Related Crime?: Know Your Miranda Rights

combschris1 · February 15, 2020 ·

Introduction

If you have been arrested for a drug-related crime, or think it is a possibility in the future, it’s vital you know your Miranda Rights. Of course, having a good understanding of your Miranda Rights is a good idea for anyone living or traveling in the US, so you know exactly what to do if things go awry.

What are Miranda Rights?

The Miranda Rights protect you from being forced to talk to the police when it may be detrimental for you to do so, such as when you’re arrested for a crime. They were introduced to stop law enforcement forcing people to confess to crimes before they’ve exercised their right to legal counsel.

The Miranda Rights came into effect after a case in 1963 when a man called Ernesto Miranda was brought in to participate in a police lineup for rape charges. The victim identified Miranda as the perpetrator, so he was arrested and questioned without being read his Fifth Amendment right about self-incrimination, or his right to legal counsel (Sixth Amendment right).

Miranda confessed in writing and he was later sentenced to 20 to 30 years in prison for the crime. Later, although that confession said he was aware of his self-incrimination rights, he was able to appeal his case based on the fact he’d not been read his rights. After a lengthy appeal case, the Supreme Court ruled in Miranda’s favor, though the State of Arizona retried him without the confession and he was again convicted and sentenced.

Now, all police officers must read a suspect their Miranda rights before they’re taken into custody, which is the refrain “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.”

What are My Fifth and Sixth Amendment Rights?

The Fifth Amendment right states that no one “shall be compelled in any criminal case to be a witness against himself”, which means you cannot be forced to give incriminating evidence.

The Sixth Amendment right states “in all criminal prosecutions, the accused shall enjoy the right … to have the assistance of counsel for his defense”, so you have the right to a self-appointed or state-appointed criminal defense lawyer.

Miranda Rights FAQ

When Do Miranda Rights Have to be Given?

Miranda Rights must be read to a suspect before they are taken into custody. If they are not read, anything you say cannot be used against you in court.

Can I Invoke My Miranda Rights Without Being Read Them?

Yes, if you find yourself in a situation where you believe invoking your rights, you can say “I invoke my right to remain silent and I wish to speak with my/an attorney.”

Can I Invoke My Miranda Rights Even if I’m Just Being Questioned?

Yes, you can decide to stop speaking with police and contact your attorney if you’re being questioned about a possible crime. Law enforcement has to respect this right, and if they truly believe you are guilty of a crime and can take action against you, they will have to charge you, read you your rights, and take you into custody.

Can a Criminal Case Be Dropped if the Miranda Rights are Not Read?

Yes, as the Miranda rights are designed to protect suspects from being unlawfully questioned and forced to confess to crimes, regardless of whether or not they were actually responsible for them, and to force law enforcement officials to collect the right evidence to put together a sound court case. If this is not done properly, any evidence collected may be inadmissible in court and thus the case may be dropped.

Why Should I Exercise My Right to Remain Silent?

Many people don’t realize just how powerful the right to remain silent is, and it’s vital that you invoke the right to remain silent whether or not you believe you are innocent or guilty of what you are being accused of. As soon as you have been read your Miranda Rights, you should only speak if it’s absolutely necessary, and not to talk about your case other than to ask for your attorney.

The less you say, the less evidence law enforcement will have against you and the easier your defense will find it to fight the charges. Remember that even things you say that you feel are unrelated may be taken out of context and used against you, so don’t say anything until you have spoken to your defense.

Should I Get My Own Legal Counsel or Use a State-Appointed Attorney?

Whenever possible, have your own legal counsel. While a state-appointed attorney will do their best to defend you, they won’t be able to offer you the same level of attention and aggression you need from your criminal defense attorney to fight the charges properly.

What Should I Do if I’m Arrested for a Drug-Related Crime in Missouri?

If you’re arrested for a drug-related crime immediately stop talking and go calmly. Any arguing or resistance you put up will be noted and will not help your case, even if you feel your rights are being violated.

In an ideal situation, you will have memorized the phone number of your criminal defense attorney, or one you would be happy to have defended you, and those of any close friends or family members who would be willing to help you. At worst, know which criminal defense attorney you wish your family member or friend to contact.

Don’t talk to the police, make any decisions, or sign anything before a lawyer is present and has advised you clearly on your next steps. This will give them the best chance of getting your case dismissed or the charges minimalized as much as possible.

Regardless of what drug charges you may be facing it’s important you know what your Miranda Rights are and understand how to best use them. If you find yourself in a position where it’s necessary to use your Miranda Rights in the St. Louis metro area, we’re here to come to your aid and fiercely defend you. Contact today for a free consultation or to get us working on your drug charges as soon as possible.